Mrs. Noem introduced
the following bill; which was referred to the
Committee on Agriculture,
and in addition to the Committee on Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned

A BILL

To respond to the extreme fire hazard and unsafe
conditions resulting from pine beetle infestation, drought, disease, or storm
damage by declaring a state of emergency and directing the Secretary of
Agriculture to immediately implement hazardous fuels reduction projects in the
manner provided in title I of the Healthy Forests Restoration Act of 2003, and
for other purposes.

1.

Short title

This Act may be cited as the
National Forest Emergency Response
Act.

2.

Findings

Congress finds that—

(1)

forest health and human safety in certain
national forests have deteriorated dangerously due to pine beetle infestation,
disease, storm damage, and drought; and

(2)

the resulting fire hazard in those national
forests endangers adjacent communities, ranches, State parks, and several units
of the National Park System and poses a significant threat to the economic
stability of surrounding areas and the health, safety, and well-being of
residents and visitors to those areas.

3.

Definitions

In this Act:

(1)

Designated
national forest

The term designated national forest
means a national forest designated by the Secretary under section 4(b).

(2)

Emergency
circumstances

The term emergency circumstances has
the meaning given the term in section 1506.11 of title 40, Code of Federal
Regulations (or a successor regulation).

(3)

Secretary

The
term Secretary means the Secretary of Agriculture.

4.

Declaration of
emergency and selection of pilot project national forests

(a)

In
general

In recognition of
deteriorating forest health conditions, extreme fire hazard, and the
significant number of dead and dying trees in certain national forests due to
pine beetle infestation, drought, disease, or storm damage, and the resulting
imminent risk of devastating wildfire that poses a significant threat to the
economic stability of surrounding areas and the health, safety, and well-being
of residents, firefighters, and visitors to the areas, Congress declares that
the fire hazard and human endangerment in those national forests designated by
the Secretary under subsection (b) constitute emergency circumstances.

(b)

Designations

(1)

In
general

Not later than 60 days after the date of enactment of
this Act, the Secretary shall designate not less than 1 national forest in each
applicable State that is experiencing conditions that constitute emergency
circumstances due to pine beetle infestation, drought, disease, or storm damage
and the resulting imminent risk of devastating wildfire that poses a
significant threat to the economic stability of surrounding areas and the
health, safety, and well-being of residents, firefighters, and visitors to the
areas.

(2)

Limitation

A
designation under paragraph (1) shall be for a period not to exceed 10
years.

5.

Application of
expedited procedures and activities of the Healthy Forests Restoration Act of
2003 to designated Forest Service pilot projects

(a)

Applicability

Subject to subsections (b) through (e),
title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of that Act
(16 U.S.C. 6514), the special administrative review process under section 105
of that Act (16 U.S.C. 6515), and the judicial review process under section 106
of that Act (16 U.S.C. 6516)), shall apply to all Forest Service projects and
activities implementing the land and resource management plan developed for the
designated national forests during the term of the emergency circumstance
declared under section 4.

(b)

Application of
other law

Section 322 of
Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to
projects conducted in accordance with this section.

(c)

Required
modifications

In applying
title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
to Forest Service projects and activities in designated national forests, the
Secretary shall make the following modifications:

(1)

The authority shall apply to the entire
designated national forest, including land that is outside of a wildland-urban
interface area or that does not satisfy any of the other eligibility criteria
specified in section 102(a) of that Act (16 U.S.C. 6512(a)).

(2)

All projects and activities of the Forest
Service, including necessary connected actions (as described in section
1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor
regulation)), shall be considered to be authorized hazardous fuel reduction
projects for purposes of applying the title.

(3)

In the case of a project intended to
address the existence of an infestation of disease or insects, or the presence
of such an infestation on immediately adjacent land, the Secretary may proceed
with the project if there is any risk the infestation will spread, not just in
the event of an imminent risk of the spread of the infestation.

(4)

Forest Service projects and activities in
the designated national forest conducted under title I of that Act shall not be
counted toward the limitation in section 102(c) of that Act (16 U.S.C. 6512(c))
on the total quantity of acreage that may be treated under that title.

(d)

Smaller
projects

(1)

In
general

Except as provided in paragraph (2), a project conducted
in a designated national forest in accordance with this section that comprises
less than 10,000 acres shall be considered an action categorically excluded
from the requirements for an environmental assessment or an environmental
impact statement under section 1508.4 of title 40, Code of Federal Regulations
(or a successor regulation).

(2)

Exclusion of
certain areas

Paragraph (1) does not apply to—

(A)

a component of the
National Wilderness Preservation System;

(B)

any Federal land
on which, by Act of Congress or Presidential proclamation, the removal of
vegetation is restricted or prohibited;

(C)

a congressionally
designated wilderness study area; or

(D)

an area in which
activities under paragraph (1) would be inconsistent with the applicable land
and resource management plan.

No restraining order,
preliminary injunction, or injunction pending appeal shall be issued by any
court of the United States with respect to any decision to engage in any
remedial action or to prepare, advertise, offer, award, or operate a timber
sale under this section in a designated national forest.

(2)

Applicability of
other law

Section 705 of
title 5, United States Code, shall not apply to any challenge to a sale
described in paragraph (1).

6.

Good neighbor
authority

(a)

Definitions

In
this section:

(1)

Eligible
State

The term eligible State means a State that
contains National Forest System land.

(2)

Secretary

The
term Secretary means the Secretary of Agriculture.

(3)

State
forester

The term State forester means the head of a
State agency with jurisdiction over State forestry programs in an eligible
State.

(b)

Cooperative
agreements and contracts

(1)

In
general

The Secretary may enter into a cooperative agreement or
contract (including a sole source contract) with a State forester to authorize
the State forester to provide the forest, rangeland, and watershed restoration
and protection services described in paragraph (2) on National Forest System
land in the eligible State.

(2)

Authorized
services

The forest, rangeland, and watershed restoration and
protection services referred to in paragraph (1) include the conduct of—

(A)

activities to
treat insect infected trees;

(B)

activities to
reduce hazardous fuels; and

(C)

any other
activities to restore or improve forest, rangeland, and watershed health,
including fish and wildlife habitat.

(3)

State as
agent

Except as provided in paragraph (6), a cooperative
agreement or contract entered into under paragraph (1) may authorize the State
forester to serve as the agent for the Secretary in providing the restoration
and protection services authorized under that paragraph.

(4)

Subcontracts

In
accordance with applicable contract procedures for the eligible State, a State
forester may enter into subcontracts to provide the restoration and protection
services authorized under a cooperative agreement or contract entered into
under paragraph (1).

(5)

Timber
sales

Subsections (d) and (g) of section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services
performed under a cooperative agreement or contract entered into under
paragraph (1).

(6)

Retention of
NEPA responsibilities

Any decision required to be made under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
to any restoration and protection services to be provided under this section by
a State forester on National Forest System land shall not be delegated to a
State forester or any other officer or employee of the eligible State.

(7)

Applicable
law

The restoration and protection services to be provided under
this section shall be carried out on a project-to-project basis under existing
authorities of the Forest Service.

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